Post-Trial Procedure Flashcards
Can a trial court make a correction to a clerical error after the judgment had already been docketed with the appellate court?
No, while Rule 60(a) normally allows courts to correct clerkical errors on its own initiative with or without notice, leave of the appellate court is needed once the appeal is docketed with the appellate court
Can a court grant P relief filed on 4/15/20 from judgment for D entered into on 4/1/19 if new evidence dispositively favorable to P emerged in March ‘20 despite best efforts of P’s attorney?
No, Rule 60(b) requires that motion for relief from judgment must be filed within a reasonable time, no more than 1Y after entry of judgment, regardless of fairness or best efforts of attorney to discover favorable evidence
Can a D immediately appeal a granted motion to dismiss a 3PD for lack failure to state a claim upon which relief can be granted if the main trial is still going on?
No, because while dismissal is normally considered a final judgment in which an immediate appeal is allowed, when there are multiple claims, dismissal of one claim would not be considered final because it could be revised at any time before entry of judgment adjudicating all claims
Does an appellate court have to hear an appeal made 13d after entry of a denial of certification of a class action due to a mistake of law?
No, because an appellate court can but is not required to hear an immediate appeal filed within 14d of a certification decision by a district court
Is a D allowed to immediately appeal a preliminary injunction in favor of P before a scheduled hearing to consider a permanent injunction had taken place?
Yes, a preliminary injunction is an equitable order that is immediately reviewable as a matter of right without district court approval, although most interlocutory orders are not immediately appealable b/c of the final judgment rule
Is D2 precluded from litigating its negligence if (1) Judge granted P’s motion for summary judgment against D1 in a separate suit in which D2 was not present, and (2) found that (a) D2 was negligent, (b) D2 was employee of D1, and (c) D1 was vicariously liable for D2’s negligence?
No, D2 is permitted to litigate its own negligence b/c it was not a party to the first suit and D2 and D1 are not in privity or successor in interest despite ER/EE relationship, despite (1) D2’s negligence being essential to the first judgment and (2) first judgment was on the merits
Is P barred from suing D for a second debt instrument in the same court that it sued for a first debt instrument if (1) it failed to include the second debt instrument in the first suit and (2) P intended but didn’t sell the second instrument?
No, b/c the facts show that the debt instruments were intended to be two separate transactions, since had P actually sold the second debt instrument, the two debt instruments would have been separately enforceable anyway
Which defense can D assert in a claim against it for breach in a purchase of a computer transaction if (1) it was awarded summary judgment in its favor for a purchase of a TV, (2) which was bought purchased after the computer, (3) on the basis that it was a minor when it bought the TV?
Only issue preclusion because the issue of whether D was a minor was decided in the action for the TV, and since the TV was bought after the computer, D must have been a minor when it bought the computer too - P was a party to that action too and the issue was a basis on which summary judgment was rendered; however, claim preclusion is not available b/c the claim for the TV didn’t exist when the claim for the computer arose
